MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Education

By: Representatives Gunn, Bounds, Chism, Ellington, Frierson, Gipson, Guice, Monsour, Moore, Staples

House Bill 1281

AN ACT TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ANNUALLY DETERMINE A UNIFORM PERCENTAGE OF ADEQUATE EDUCATION PROGRAM FUNDS THAT MUST BE ALLOCATED TO DIRECT CLASSROOM INSTRUCTION IN ALL SCHOOL DISTRICTS, TO REQUIRE THE DEPARTMENT TO CALCULATE THE UNIFORM PERCENTAGE USING DATA FROM THE FIVE HIGHEST PERFORMING SCHOOL DISTRICTS UNDER THE STATE ASSESSMENT PROGRAM, AND TO DEFINE THE TERM "DIRECT CLASSROOM INSTRUCTION"; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  On or before May 1 of each year, the State Department of Education shall determine the uniform percentage of adequate education program funds, as defined under Section 37-151-5(q), which must be allocated by each school district to direct classroom instruction in the next succeeding fiscal year.  For purposes of this calculation, the State Department of Education must utilize the most current financial data available from the five (5) school districts that are identified by the department, using the most current state assessment results under the state accreditation system, as being the highest performing districts.  Subject to the requirements of this section, the department shall identify the funds, functions and objects to be used in calculating the percentage of funds in each of the selected districts which is allocated to direct classroom instruction.  The ratio of adequate education program funds allocated to direct classroom instruction to the total adequate education program allotment shall be calculated for each school district selected under this subsection.  The department then shall calculate the average of the ratios in the five (5) selected school districts, which average shall be the uniform percentage of adequate education program funds which must be allocated to direct classroom instruction in all school districts in the next fiscal year.

     (2)  For purposes of this section, the term "direct classroom instruction" means the classroom level of instruction and specifically includes the following:

          (a)  Salaries of classroom teachers who spend no less than sixty percent (60%) of each school day in scheduled classroom instruction;

          (b)  Salaries of the assistant teachers working under a teacher described under paragraph (a) of this subsection; and

          (c)  Instructional supplies used in the classroom by a teacher described under paragraph (a) of this section and any assistant teacher assigned to that classroom, including computers and technology.

     (3)  For purposes of this section, the term "direct classroom instruction" specifically excludes the following:

          (a)  Instructional staff support services, such as professional development and instruction and curriculum development;

          (b)  Library and media services;

          (c)  Student support services, including counseling, school nurses, health and psychological services, attendance services, school and school district administration, food services, transportation and operations and physical plant maintenance; and

          (d)  School security.

     (4)  A school district, in its discretion, may allocate a percentage of adequate education program funds to direct classroom instruction which is greater than the percentage established as the uniform percentage under subsection (1) of this section.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.